The reform process of the EU asylum law, known as the Common European Asylum System (CEAS) began in response to the 2015 “refugee crisis”, which led to ongoing issues including stricter refugee policies, reintroduced border controls, and feelings of unfair distribution of responsibility, especially among southern EU countries (Med 5 – Spain, Italy, Greece, Cyprus and Malta). The Pact focuses primarily on the internal dimension of asylum, while notwithstanding its title, migration is largely absent from the text.
Initial reform proposals were made in 2016, covering various regulations such as the Reception Conditions Directive (rRCD), Asylum Procedures Regulation (APR), Union Resettlement Framework (URF), Qualification Regulation (QR), and Eurodac Regulation. Further proposals came in 2018 with a revised Return Directive, and in 2020 as part of the New Pact on Migration and Asylum, which included updates to the APR and new regulations on Asylum and Migration Management Regulation (AMMR), Screening Regulation, and Crisis Regulation. In 2021, additional proposals addressed the Schengen Border Code and Instrumentalisation Regulation. The European Parliament opposed Instumentalisation Regulation per se, but agreed at the end to include provisions from the Instrumentalisation Regulation in the Crisis file.
After years of negotiations, on 10 April 2024, the European Parliament approved the new rules (300 MEPs in favour, 270 against), while the Council of the EU gave its green light on 14 May 2024. The reforms include ten main regulations: APR, AMMR, Eurodac Regulation, Screening Regulation, the Crisis Regulation and Force Majeure Regulation, rRCD, URF, QR, and Return Border Procedures Regulation.
Civil society groups, including CCME, have criticized the reform, arguing it is likely to lower protection standards for the asylum seekers.1 The strong negative reaction from specialists in refugees’ and immigrants’ rights and academics suggests that the Pact will likely face legal challenges. Potential lawsuits may target the non-entry fiction of the border procedures or the quality of legal assistance provided to those affected by these procedures. Consequently, it is crucial to prepare for the possibility that the Pact and the CEAS may not achieve the outcomes anticipated by the compromise reached between European institutions.
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